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What’s at Stake in the Dismissal of Wixen’s Lawsuit Against Meta — And Why It Refiled Its Complaint (Guest Column)
Wixen’s lawsuit against Meta concerns whether the company can keep using songwriters’ music on Instagram and Facebook Reels without a licence or payment. Wixen says Meta used the music for seven years under licence, then sharply reduced what it would pay, continued using songs after negotiations failed and removed some tracks while they were still licensed.
A judge dismissed the complaint with permission to refile, asking Wixen to clarify its rights to each song; Wixen says it has done so and that claims about songs removed during the licensing period remain. The trial date is still scheduled and discovery is under way. The article also challenges a Ninth Circuit rule requiring a publishing administrator to control all of a song’s rights to sue, arguing that this can leave jointly written songs without an effective copyright claim.
In short
- Wixen says Meta continued using songs after its licence ended.
- The complaint was refiled after the judge requested song-by-song details.
- The dispute raises questions about copyright claims for co-written songs.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Wixen’s strongest case is that platforms should not be able to keep using songs after licensing talks fail, or remove music that remains licensed, without meeting their contractual and copyright obligations. It also argues that requiring one administrator to control every right in a jointly written song may leave songwriters with no practical way to enforce their rights.
The case against
Meta’s strongest case is that copyright claims must identify the specific songs and establish that the claimant holds the rights needed to sue; requiring control of all relevant rights can protect co-writers and other rights-holders from claims brought without proper authority. The dismissal allowed Wixen to refile, and the continuing discovery and scheduled trial leave the disputed licensing and removal claims to be tested on the evidence.
Explained simply
Wixen is a music publishing company that represents songwriters and helps manage rights to their songs. Meta owns Instagram and Facebook, where Reels lets users make short videos using music. Songs can be used on these services under licences, which set out what music may be used and what payments are due.
The dispute concerns whether Meta kept using some songs after talks over licensing terms broke down, and whether it removed others while they were still covered by a licence. A judge asked Wixen to give clearer details about the rights it holds in each song, a question that matters because songs can have several writers and rights may be shared among them.
The case also raises a broader question about who can bring a copyright claim when rights are divided between songwriters or their representatives. Its outcome could affect how music companies and online services handle licences, payments and disputes over songs used in videos.
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